S-1477.2 _______________________________________________
SENATE BILL 6048
_______________________________________________
State of Washington 57th Legislature 2001 Regular Session
By Senator McCaslin
Read first time 02/15/2001. Referred to Committee on State & Local Government.
AN ACT Relating to ending partisan primaries; amending RCW 29.01.130, 29.01.100, 29.01.160, 29.15.120, 29.15.150, 29.24.020, 29.24.025, 29.24.030, 29.24.035, 29.24.040, 29.24.070, 29.18.160, 29.27.030, 29.30.005, 29.30.020, 29.30.040, 29.30.101, 29.42.010, 29.42.040, 29.42.050, 29.62.100, 29.68.080, 29.68.100, 29.68.120, and 29.68.130; adding a new section to chapter 29.24 RCW; recodifying RCW 29.18.160; and repealing RCW 29.01.090, 29.15.230, 29.18.010, 29.18.120, 29.18.150, 29.18.200, and 29.30.095.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 29.01.130 and 1965 c 9 s 29.01.130 are each amended to read as follows:
"Primary" or "primary election" means a statutory procedure for nominating nonpartisan candidates, or the president and vice-president to public office at the polls.
Sec. 2. RCW 29.01.100 and 1965 c 9 s 29.01.100 are each amended to read as follows:
"((Minor))
Political party" means a political organization ((other than a
major political party)) that nominates candidates for public office.
Sec. 3. RCW 29.01.160 and 1965 c 9 s 29.01.160 are each amended to read as follows:
"September primary" means the primary election held in September to nominate nonpartisan candidates to be voted for at the ensuing election.
Sec. 4. RCW 29.15.120 and 1994 c 223 s 6 are each amended to read as follows:
A candidate may withdraw his or her declaration of candidacy at any time before the close of business on the Thursday following the last day for candidates to file under RCW 29.15.020 for nonpartisan office, or RCW 29.24.070 for partisan office, by filing, with the officer with whom the declaration of candidacy was filed, a signed request that his or her name not be printed on the ballot. There shall be no withdrawal period for declarations of candidacy filed during special filing periods held under this title. The filing officer may permit the withdrawal of a filing for the office of precinct committee officer at the request of the candidate at any time if no absentee ballots have been issued for that office and the general election ballots for that precinct have not been printed. The filing officer may permit the withdrawal of a filing for any elected office of a city, town, or special district at the request of the candidate at any time before a primary if the primary ballots for that city, town, or special district have not been ordered. No filing fee may be refunded to any candidate who withdraws under this section. Notice of the deadline for withdrawal of candidacy and that the filing fee is not refundable shall be given to each candidate at the time he or she files.
Sec. 5. RCW 29.15.150 and 1973 c 4 s 3 are each amended to read as follows:
Whenever it shall be
necessary to hold a special election in an odd-numbered year to fill an
unexpired term of any office which is scheduled to be voted upon for a full
term in an even-numbered year, no September primary election shall be held in
the odd-numbered year if, after the last day allowed for candidates to
withdraw, ((either of the following circumstances exist:
(1) No more than one
candidate of each qualified political party has filed a declaration of
candidacy for the same partisan office to be filled; or
(2))) no more than two candidates have filed
a declaration of candidacy for a single nonpartisan office to be filled.
((In either event,))
The officer with whom the declarations of candidacy were filed shall
immediately notify all candidates concerned and the names of the candidates
that would have been printed upon the September primary ballot, but for the
provisions of this section, shall be printed as nominees for the positions
sought upon the November general election ballot.
Sec. 6. RCW 29.24.020 and 1989 c 215 s 2 are each amended to read as follows:
Any nomination of a
candidate for partisan public office ((by other than a major political party
shall)) may only be made either: (1) In a convention held not
earlier than the last Saturday in June and not later than the first Saturday in
July or during any of the seven days immediately preceding the first day for
filing declarations of candidacy as fixed in accordance with RCW 29.68.080; or
(2) as provided by RCW ((29.51.170)) 29.62.180. A ((minor))
political party may hold more than one convention but in no case shall any such
party nominate more than one candidate for any one partisan public office or
position. For the purpose of nominating candidates for the offices of
president and vice-president, United States senator, or a statewide office, a
((minor)) party or independent candidate holding multiple conventions
may add together the number of signatures of different individuals from each
convention obtained in support of the candidate or candidates in order to
obtain the number required by RCW 29.24.030. For all other offices for which
nominations are made, signatures of the requisite number of registered voters
must be obtained at a single convention.
Sec. 7. RCW 29.24.025 and 1989 c 215 s 1 are each amended to read as follows:
Each ((minor))
party or independent candidate must publish a notice in a newspaper of general
circulation within the county in which the party or the candidate intends to
hold a convention. The notice must appear at least ten days before the
convention is to be held, and shall state the date, time, and place of the
convention. Additionally, it shall include the mailing address of the person
or organization sponsoring the convention.
Sec. 8. RCW 29.24.030 and 1989 c 215 s 3 are each amended to read as follows:
(1) To be valid, a convention must be attended by at least two hundred registered voters when nominating a candidate for statewide office, or twenty-five registered voters for any other candidate.
(2) In order to nominate candidates for the offices of president and vice-president of the United States, United States senator, or any statewide office, a nominating convention shall obtain and submit to the filing officer the signatures of at least two hundred registered voters of the state of Washington. In order to nominate candidates for any other office, a nominating convention shall obtain and submit to the filing officer the signatures of twenty-five persons who are registered to vote in the jurisdiction of the office for which the nominations are made.
Sec. 9. RCW 29.24.035 and 1989 c 215 s 5 are each amended to read as follows:
A nominating petition
submitted under this chapter shall clearly identify the name of the ((minor))
party or independent candidate convention as it appears on the certificate of
nomination as required by RCW ((29.24.030(3))) 29.24.040(3). The
petition shall also contain a statement that the person signing the petition is
a registered voter of the state of Washington and shall have a space for the
voter to sign his or her name and to print his or her name and address. No
person may sign more than one nominating petition under this chapter for an
office for a primary or election.
Sec. 10. RCW 29.24.040 and 1989 c 215 s 4 are each amended to read as follows:
A certificate evidencing nominations made at a convention must:
(1) Be in writing;
(2) Contain the name of each person nominated, his residence, and the office for which he is named, and if the nomination is for the offices of president and vice-president of the United States, a sworn statement from both nominees giving their consent to the nomination;
(3) Identify the ((minor))
political party or the independent candidate on whose behalf the convention was
held;
(4) Be verified by the oath of the presiding officer and secretary;
(5) Be accompanied by a nominating petition or petitions bearing the signatures and addresses of registered voters equal in number to that required by RCW 29.24.030;
(6) Contain proof of publication of the notice of calling the convention; and
(7) Be submitted to the
appropriate filing officer not later than one week following the adjournment of
the convention at which the nominations were made. If the nominations are made
only for offices whose jurisdiction is entirely within one county, the
certificate and nominating petitions must be filed with the county auditor. If
a ((minor)) party or independent candidate convention nominates any
candidates for offices whose jurisdiction encompasses more than one county, all
nominating petitions and the convention certificates must be filed with the
secretary of state.
Sec. 11. RCW 29.24.070 and 1990 c 59 s 103 are each amended to read as follows:
Not later than the ((Friday
immediately preceding the first day for candidates to file)) third
Tuesday of the preceding September or the seventh Tuesday immediately preceding
the general election, whichever occurs first, the secretary of state shall
notify the county auditors of the names and designations of all ((minor))
party and independent candidates who have filed valid convention certificates
and nominating petitions with that office. Except for the offices of president
and vice-president, persons nominated under this chapter shall file
declarations of candidacy as provided by RCW 29.15.010 and 29.15.030. The name
of a candidate nominated at a convention shall not be printed upon the primary
ballot unless he pays the fee required by law to be paid by candidates for the
same office to be nominated at a primary.
Sec. 12. RCW 29.18.160 and 1977 ex.s. c 329 s 13 are each amended to read as follows:
A vacancy caused by the
death or disqualification of any candidate or nominee of a ((major or minor))
political party may be filled at any time up to and including the day ((prior
to)) before the election for that position. For state partisan
offices in any political subdivision voted on solely by electors of a single
county, an individual ((shall)) must be appointed to fill ((such))
the vacancy by the county central committee ((in)) if the
((case of a major)) political party has county central committees
or by the state central committee or comparable governing body in the case of a
((minor)) political party without county central committees. For
other partisan offices, including federal or statewide offices, an individual
((shall)) must be appointed to fill ((such)) the
vacancy by the state central committee or comparable governing body of the
appropriate political party.
((Should such)) If
the vacancy occurs no later than the third Tuesday ((prior to the
state primary or)) before the general election concerned and the
ballots and voting machine labels have been printed, ((it shall be mandatory
that)) they must be corrected by the appropriate election officers.
In making ((such)) the correction, it ((shall)) is
not ((be)) necessary to reprint complete ballots if any other less
expensive technique can be used and the resulting correction is reasonably
clear.
((Should such)) If
the vacancy occurs after the third Tuesday ((prior to said state
primary or)) before the general election and time does not exist in
which to correct paper ballots (including absentee ballots) or voting machine
labels, either in total or in part, then the votes cast or recorded for the
person who has died or become disqualified ((shall)) will be
counted for the person who has been named to fill ((such)) the
vacancy.
When the secretary of
state is the person with whom the appointment by the ((major or minor))
political party is filed, he shall, in certifying candidates or nominations to
the various county officers insert the name of the person appointed to fill a
vacancy.
((In the event that))
If the secretary of state has already sent forth ((his)) the
certificate when the appointment to fill a vacancy is filed ((with him)),
((he)) the secretary shall forthwith certify to the county
auditors of the proper counties the name and place of residence of the person
appointed to fill a vacancy, the office for which ((he)) the person
is a candidate or nominee, the party ((he represents)) represented,
and all other pertinent facts pertaining to the vacancy.
Sec. 13. RCW 29.27.030 and 1965 c 9 s 29.27.030 are each amended to read as follows:
Not more than ten nor
less than three days prior to the primary election the county auditor shall
publish notice of such primary in one or more newspapers of general circulation
within the county. Said notice shall contain the ((proper party
designations, the)) names and addresses of all persons who have filed a
declaration of candidacy to be voted upon at that primary election, the hours
during which the polls will be open, and that the election will be held in the
regular polling place in each precinct, giving the address of each polling
place((: PROVIDED, That the names of all candidates for nonpartisan offices
shall be published separately with designation of the offices for which they
are candidates but without party designation. This shall be the only notice
required for the holding of any primary election)).
Sec. 14. RCW 29.30.005 and 1990 c 59 s 93 are each amended to read as follows:
Except for the
candidates for the positions of president and vice-president ((or)),
for a partisan office, or a nonpartisan office for which no
primary is required, the names of all candidates who have filed for nomination
((under chapter 29.18 RCW and those independent candidates and candidates of
minor political parties who have been nominated under chapter 29.24 RCW shall))
will appear on the appropriate ballot at the primary throughout the
jurisdiction in which they are to be nominated.
Sec. 15. RCW 29.30.020 and 1990 c 59 s 11 are each amended to read as follows:
The positions or offices
on a primary ballot shall be arranged in substantially the following order: ((United
States senator; United States representative; governor; lieutenant governor;
secretary of state; state treasurer; state auditor; attorney general;
commissioner of public lands;)) superintendent of public instruction; ((insurance
commissioner; state senator; state representative;)) nonpartisan
county officers; justices of the supreme court; judges of the court of appeals;
judges of the superior court; and judges of the district court. For all other
jurisdictions on the primary ballot, the nonpartisan offices in each
jurisdiction shall be grouped together and be in the order of the position
numbers assigned to those nonpartisan offices, if any.
The order of the positions
or offices on an election ballot shall be substantially ((the same as on a
primary ballot except that the offices of president and vice-president of the
United States shall precede all other offices on a presidential election ballot))
in the following order: The offices of president and vice-president; United
States senator; United States representative; governor; lieutenant governor;
secretary of state; state treasurer; state auditor; attorney general;
commissioner of public lands; superintendent of public instruction; insurance
commissioner; state senator; state representative; county officers; justices of
the supreme court; judges of the court of appeals; judges of the superior
court; and judges of the district court. State ballot issues shall be placed
before all offices on an election ballot. The positions on a ballot to be
assigned to ballot measures regarding local units of government shall be
established by the secretary of state by rule.
The political party or
independent candidacy of each candidate for partisan office shall be indicated
next to the name of the candidate on the ((primary and)) election
ballot.
Sec. 16. RCW 29.30.040 and 1990 c 59 s 94 are each amended to read as follows:
At primaries((, the
names of candidates for federal, state, and county partisan offices,)) for
the office of superintendent of public instruction, and for judicial offices ((shall)),
the names of candidates for each office or position((,)) will
be arranged initially in the order determined under RCW 29.30.025. Additional
sets of ballots shall be prepared in which the positions of the names of all
candidates for each office or position shall be changed as many times as there
are candidates in the office or position in which there are the greatest number
of names. As nearly as possible an equal number of ballots shall be prepared
after each change. In making the changes of position between each set of
ballots, the candidates for each such office in the first position under the office
heading shall be moved to the last position under that office heading, and each
other name shall be moved up to the position immediately above its previous
position under that office heading. The effect of this rotation of the order
of the names shall be that the name of each candidate for an office or position
shall appear first, second, and so forth for that office or position on the
ballots of a nearly equal number of registered voters in that jurisdiction. In
a precinct using voting devices, the names of the candidates for each office
shall appear in only one sequence in that precinct. The names of candidates
for city, town, and district office on the ballot at the primary shall not be
rotated.
Sec. 17. RCW 29.30.101 and 1999 c 298 s 11 are each amended to read as follows:
The names of the persons certified as nominees by the secretary of state or the county canvassing board shall be printed on the ballot at the ensuing election.
No name of any
candidate whose nomination at a primary is required by law shall be placed upon
the ballot at a general or special election unless it appears upon the
certificate of either (1) the secretary of state, or (2) the county canvassing
board, or (3) a ((minor)) party convention ((or the state or county
central committee of a major political party to fill a vacancy on its ticket
under RCW 29.18.160)).
Excluding the office of precinct committee officer or a temporary elected position such as a charter review board member or freeholder, a candidate's name shall not appear more than once upon a ballot for a position regularly nominated or elected at the same election.
Sec. 18. RCW 29.42.010 and 1977 ex.s. c 329 s 16 are each amended to read as follows:
Each political party organization shall have the power to:
(1) Make its own rules and regulations;
(2) Call conventions;
(3) Elect delegates to conventions, state and national;
(4) Fill vacancies on the ticket;
(5) Provide for the nomination of partisan candidates and presidential electors; and
(6)
Perform all functions inherent in such an organization((: PROVIDED, That only
major political parties shall have the power to designate candidates to appear
on the state primary election ballot as provided in RCW 29.18.150 as now or
hereafter amended)).
Sec. 19. RCW 29.42.040 and 1990 c 59 s 104 are each amended to read as follows:
Any member of a ((major))
political party whose candidate for governor at the last gubernatorial
election received the highest or next highest vote for that office, who is
a registered voter in the precinct may ((upon payment of a fee of one dollar
file his or her declaration of candidacy as prescribed under RCW 29.15.010 with
the county auditor for the office of precinct committee officer of his or her
party in that precinct)) be appointed as a precinct committee officer.
When ((elected)) selected the precinct committee officer shall
serve so long as the committee officer remains an eligible voter in that
precinct and until a successor has been ((elected at the next ensuing state
general election in the even-numbered year)) selected by a political
party.
Sec. 20. RCW 29.42.050 and 1991 c 363 s 34 are each amended to read as follows:
((The statutory
requirements for filing as a candidate at the primaries shall apply to
candidates for precinct committee officer except that the filing period for
this office alone shall be extended to and include the Friday immediately
following the last day for political parties to fill vacancies in the ticket as
provided by RCW 29.18.150, and the office shall not be voted upon at the
primaries, but the names of all candidates must appear under the proper party
and office designations on the ballot for the general November election for
each even-numbered year and the one receiving the highest number of votes shall
be declared elected: PROVIDED, That to be declared elected, a candidate must
receive at least ten percent of the number of votes cast for the candidate of
the candidate's party receiving the greatest number of votes in the precinct.
Any person elected to the office of precinct committee officer who has not
filed a declaration of candidacy shall pay the fee of one dollar to the county
auditor for a certificate of election. The term of office of precinct
committee officer shall be for two years, commencing upon completion of the
official canvass of votes by the county canvassing board of election returns.
Should any vacancy occur in this office by reason of death, resignation, or
disqualification of the incumbent, or because of failure to elect, the respective
county chair of the county central committee shall be empowered to fill such
vacancy by appointment: PROVIDED, HOWEVER, That in legislative districts
having a majority of its precincts in a county with a population of one million
or more, such appointment shall be made only upon the recommendation of the
legislative district chair: PROVIDED, That the person so appointed shall have
the same qualifications as candidates when filing for election to such office
for such precinct: PROVIDED FURTHER, That when a vacancy in the office of
precinct committee officer exists because of failure to elect at a state
general election, such vacancy shall not be filled until after the organization
meeting of the county central committee and the new county chair selected as
provided by RCW 29.42.030.))
Each political party may determine by party rules how it selects precinct committee officers. The term of office for a precinct committee officer is two years.
Sec. 21. RCW 29.62.100 and 1977 ex.s. c 361 s 97 are each amended to read as follows:
The secretary of state
shall, as soon as possible but in any event not later than the third Tuesday
following the primary, canvass and certify the returns of all primary elections
as to ((candidates for state offices, United States senators and
representatives in congress, and)) all ((other)) nonpartisan
candidates whose district extends beyond the limits of a single county.
Sec. 22. RCW 29.68.080 and 1990 c 59 s 105 are each amended to read as follows:
(1) Whenever a vacancy occurs in the office of United States representative or United States senator from this state or any congressional district of this state, the governor shall order a special election to fill the vacancy.
(2) Within ten days of
such vacancy occurring, he or she shall issue a writ of election fixing a date
for the special vacancy election not less than ninety days after the issuance
of the writ, fixing a date ((for the primary for nominating)) that
the political parties shall submit their nomination of candidates for the
special vacancy election not less than thirty days before the day fixed for
holding the special vacancy election, fixing the dates for the special filing
period, and designating the term or part of the term for which the vacancy
exists. If the vacancy is in the office of United States representative, the
writ of election shall specify the congressional district that is vacant.
(3) If the vacancy
occurs less than six months before a state general election and before the
second Friday following the close of the filing period for that general
election, the ((special primary and)) special vacancy elections shall be
held in concert with the ((state primary and)) state general election in
that year.
(4) ((If the vacancy
occurs on or after the first day for filing under RCW 29.15.020 and on or
before the second Friday following the close of the filing period, a special
filing period of three normal business days shall be fixed by the governor and
notice thereof given to all media, including press, radio, and television
within the area in which the vacancy election is to be held, to the end that,
insofar as possible, all interested persons will be aware of such filing period.
The last day of the filing period shall not be later than the third Tuesday
before the primary at which candidates are to be nominated. The names of
candidates who have filed valid declarations of candidacy during this three-day
period shall appear on the approaching primary ballot.
(5))) If the vacancy occurs later than the second
Friday following the close of the filing period, a ((special primary and))
special vacancy election to fill the position shall be held after the next
state general election but, in any event, no later than the ninetieth day
following the November election.
(5) Nomination of candidates in this section must be determined by political party rules.
(6) As used in this chapter, "county" means, in the case of a vacancy in the office of United States senator, any or all of the counties in the state and, in the case of a vacancy in the office of United States representative, only those counties wholly or partly within the congressional district in which the vacancy has occurred.
Sec. 23. RCW 29.68.100 and 1985 c 45 s 5 are each amended to read as follows:
After calling a ((special
primary and)) special vacancy election to fill a vacancy in the office of
United States representative or United States senator from this state, the
governor shall immediately notify the secretary of state who shall, in turn,
immediately notify the county auditor of each county wholly or partly within
which the vacancy exists.
Each
county auditor shall publish notices of ((the special primary and)) the
special vacancy election at least once in any legal newspaper published in the
county, as provided by RCW 29.27.030 and 29.27.080 respectively.
Sec. 24. RCW 29.68.120 and 1985 c 45 s 6 are each amended to read as follows:
(((1) The canvass of
the votes cast at a special primary for a United States representative or
senator shall be completed in each county within ten days after the primary.
The returns shall be transmitted immediately to the secretary of state, who
shall certify the returns in the manner provided by RCW 29.62.100. As soon as
possible after the canvass, the secretary of state shall certify the names of
the nominees to the county auditors.
(2))) The canvass of the votes cast at a special
vacancy election for a United States representative or senator shall be
completed in each county within fifteen days after the vacancy election. The
returns shall be transmitted immediately to the secretary of state, who shall
certify the returns in the manner provided in RCW 29.62.120.
Sec. 25. RCW 29.68.130 and 1985 c 45 s 7 are each amended to read as follows:
The general election
laws ((and laws relating to partisan primaries shall)) apply to the
special primaries and vacancy elections provided for in RCW 29.68.080 through
29.68.120 to the extent that they are not inconsistent with the provisions of
these sections. Statutory time deadlines relating to availability of absentee
ballots, certification, canvassing, and related procedures that cannot be met
in a timely fashion may be modified for the purposes of a ((specific primary
or)) vacancy election under this chapter by the secretary of state through
emergency rules adopted under RCW 29.04.080.
NEW SECTION. Sec. 26. The following acts or parts of acts are each repealed:
(1) RCW 29.01.090 (Major political party) and 1977 ex.s. c 329 s 9 & 1965 c 9 s 29.01.090;
(2) RCW 29.15.230 (Vacancy in partisan elective office--Special filing period) and 1981 c 180 s 2;
(3) RCW 29.18.010 (Application of chapter) and 1990 c 59 s 78 & 1965 c 9 s 29.18.010;
(4) RCW 29.18.120 (General election laws govern primaries) and 1990 c 59 s 87, 1971 ex.s. c 112 s 1, & 1965 c 9 s 29.18.120;
(5) RCW 29.18.150 (Vacancies on major party ticket caused by no filing--How filled) and 1990 c 59 s 102, 1977 ex.s. c 329 s 12, & 1965 c 9 s 29.18.150;
(6) RCW 29.18.200 (Blanket primary authorized) and 1990 c 59 s 88 & 1965 c 9 s 29.18.200; and
(7) RCW 29.30.095 (Partisan candidates qualified for general election) and 1990 c 59 s 96.
NEW SECTION. Sec. 27. RCW 29.18.160 is recodified as a section in chapter 29.24 RCW.
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